Two days ago (6/27/09) I sent out a publication under
the title of “California Going Broke.” http://www.jail4judges.org/JNJ_Library/2009/2009-06-27.html
Therein, I appealed to an illustration of
apples and oranges I once used to bait the California Director of Finances on
how he could immensely increase the volume of revenue to put into the California
coffers. He listened with intentive interest. I will here restate what I said.

“I asked
him if I had an apple tree in my back yard, and my next door neighbor had an
orange tree, and we decided to mutually trade a bushel basket of my apples for
a bushel basket of his oranges, has a taxable event transpired for both of us?
He said, “Yes.”

I then told him that the State of
California was missing out on some very
serious revenue. When a worker trades his labor to a corporation for a salary,
he pays a tax on his labor. But on the other hand, the corporation which
receives the labor in exchange, not only does not pay a tax on the value of the
labor received, but in fact, takes it as a tax deduction. I asked him why
California fails to tax the value of the labor received
from the exchange, as this is a large amount of revenue to the State of
California . His answer
was, “We couldn’t do that!” I asked, “Why not,
it’s a taxable event according to you.” He said, “The
corporations would not allow us to get away with that!” [End of
illustration.]

This publication sparked a sensible response from a person
by the name of Ivan Fail, ilf@...,
of Sparta ,
Missouri regarding his true-life experience
in dealing with a certain corporation. But first, let us establish this man’s
credibility. We are not speaking of a young inexperienced whipper-snapper. He
states that he was a very system man who served his country as an honorable Marine
which thereafter led him into a 1960 highly respected career for the legal
system as a Federal Prison Correctional Officer. Now, some 48 years later, he
finds it hard to believe what he was a part of. He describes his part in a
system that was a “…larcenous, greed driven, head games,
hucksterism and hypocrisy of the legal system.” He states, “I
started to ‘wake up and smell the coffee’.” Then after
retiring from the system, a very frustrating,

prolonged and expensive frivolous lawsuit at the hands
of a serial litigant

professional plaintiff that cost him $60,000. This, he
said, was the ‘death knell’ of any residual respect that he had for
the legal system. “Ironically my collective experiences taught me one
infallible but shocking truth that millions of ‘un-sued’ law
abiding Americans will never learn about because “their heads are
forcibly buried in the sands of naïveté and ignorance” by political and
legal hype and hucksterism.

That truth is the fact that one of
America 's major
‘Societal Time Bomb

Factories’ is ‘camouflaged behind white-collar
greed, arrogance, a law degree, a black robe, hot air and ceremonial hype. …
It is in fact an unscrupulous, politics-propelled and protected, cut-throat, ”for-profit
industry” promenading as an “elite- and ethics-governed profession.’

What has stuck in his craw is the fact that after
being forced to fork out $60,000 in frivolous attorney’s fees, he was not
allowed to take a single penny of that loss as a tax deduction, yet
corporations take these same fees as a standard deduction. He states, they “own
and operate the Congress which belongs to the same Country Clubs that they do.”

Now, getting back to my illustration of the apples and
oranges which I referred to above: In this illustration, the value of the
bushel basket of apples is exactly the same as that of a bushel basket of
oranges. Both sides agree on this point. According to the Director of Finance,
neither owes a tax on the fruit of their own tree. However, once the two trade
over the fence, both sides suddenly owe a tax on their “gain.” This
is arrived at by government by the theory that the bushel basket of apples has
no value to the apple grower, and likewise the same is true of the orange
grower. So the apple grower gave up nothing in exchange for the oranges. And
the orange grower gave nothing up in order to get the bushel basket of apples,
i.e., both made a profit upon which they now owe a tax to the government.

In reality, each surrendered value for value, so
neither gained, and would owe no tax. However, the Califofnia Director of
Finance determined both made a gain out of thin air, and therefore owed a tax. Since
this is his own established standard, I then applied that standard based on his
rules. If a worker owes a tax on “gain”, therefore, corporations necessarily
would owe a tax on their gain of the value of the labor received. He then
responded, “We couldn’t do that!” and the reason he said was,
“The coropration would not allow us to get away with that!”

I don’t know about you, but if I understand the
operations of our tax system, refusal by a person or business to pay a tax owed
is called a “tax protestor,” and they have a place reserved behind
bars for these tax protestors.

Now let me point out that our current tax
code is nothing more than a warmed over 1909 Corporation Tax Act as described
in http://www.enotes.com/major-acts-congress/corporate-income-tax-act.
It is a tax upon the profit or gain
made as the result of the exercise of a corporate privilege. Hence, only those
benefiting from the exercise of a corporate charter are the subject of the income
tax.

This principle is explained in Hale v. Henkel,
201 U.S. 43 (1906), to wit,“The individual may stand upon his
constitutional rights as a citizen. He is entitled to carry on his private
business in his own way. His power to contract is unlimited. He owes no duty to
the state or to his neighbors to divulge his business, or to open his doors to
an investigation, so far as it may tend to criminate him. He owes no such duty
to the state, since he receives nothing therefrom, beyond the protection of his
life and property.

“His rights are such as existed by
the law of the land long antecedent to the organization of the state, and can
only be taken from him by due process of law, and in accordance with the
Constitution. Among his rights are a refusal to incriminate himself, and the
immunity of himself and his property from arrest or seizure except under a
warrant of the law. He owes nothing to the public so long as he does not
trespass upon their rights.

“Upon the other hand, the corporation
is a creature of the state. It is presumed to be incorporated for the benefit of
the public. It receives certain special privileges and franchises, and holds
them subject to the laws of the state and the limitations of its charter. Its
powers are limited by law. It can make no contract not authorized by its
charter. Its rights to [201
U.S. 43, 75] act as a corporation
are only preserved to it so long as it obeys the laws of its creation.”

So let us revisit the apple and orange analogy
applying the instant above criteria. If Party “A,” the
apple-grower, is a private individual, no tax may be imposed upon his right to
exchange his goods or his services, i.e. “apples” or whatever he
wishes. As the Supreme Court has said, “He owes nothing to the public so
long as he does not trespass upon their rights.”

On the other hand, if Party “B,”
the orange grower, is functioning under a corporate charter, and thereby in the
exercise of its corporate charter, makes a gain of a bushel basket of apples,
then they would owe a tax on such gain.

So, let us recap what is going on in this
country. Party “A,” the apple grower, a private citizen who owes no
taxes on his own private affairs, may be thrown in prison because he is
convicted of failing to pay a tax which he does not owe, nor is the subject of
the tax, while Party “B,” the orange grower, a government- created
corporation which owes the tax, not only refuses to pay the tax, i.e., “The
corporations would not allow us to get away with that,” but gets to
deduct the figure of its gain from all other taxes it may owe.

Hmmmm, that’s like going shopping for
a new car that is listed as a value of $30,000, and finding the one you want, you
tell the dealer that you will take that one. He says ”okay”. Then
you ask him, “Now how are you going to pay me the $30,000 you owe me for
accepting the car?”

Corporations who owe the tax, are rewarded
for being tax protestors, while citizens who do not owe the tax are thrown in
jail if they do not pay over! This is taxation American-style. Isn’t
America
great?

Now how is it that such a crazy system has
come about? The answer is very clear: It is the courts and their self-created
doctrine of judicial immunity that was the necessary ingredient to bring this
about. If it were possible to straighten out every wrong in this country
excepting the doctrine of judicial immunity, it would not take long before we
would be back exactly where we are now. This is precisely why Americans shall have
no remedy nor a future without judicial accountability over judicial immunity
by an independent, autonomous citizen’s Grand Jury. (www.jail4judges.org)

-Ron Branson – the crazy guy with
radical principles of right and wrong. VictoryUSA@...

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